Help and Advice Needed

[IdaInFife]

you need to move to the next stage on the link then,

 

Ida x

[blueknight61]

Ida,

 

Thanks, will start reading the thread again to make sure I follow it correctly.

 

Do you think its worth writing to westcot and inform them that the account is in dispute because natwest failed to comply with the two CPR letters?

 

 

Blue x

[IdaInFife]

if you want them off your back for a bit then yes

 

 

ida x

[blueknight61]

Hi Guys,

 

Just to keep Westcot and Natwest off my back until I finish reading ptr's long thread on CPR 31.16 and until the ICO get back to me, I'm thinking of sending the following to them.

 

Has anyone any thoughts on whether this letter sounds okay or not? I've cobbled it together from previous letters sent.

 

Dear Sirs

 

Thank you for your recent letter, the contents of which have been noted.

 

I believe that your client has failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account, and therefore this account is In Dispute.

 

The document they are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your client and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, your client is also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

The document your client sent me is a typed copy of an agreement that does not cannot my ex-husband’s or my signatures and therefore I cannot verify that this is a true copy of the original agreement.

 

On xxxxx and xxxxx 2009 I wrote to your organisation requesting that your client supply me a copy of the agreement for my account. My request extended to the full agreement which bore my signature. I must stress these requests were NOT made pursuant to section 78 Consumer Credit Act 1974 but were made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

 

I enclose a copy of both letters which were sent for your information.

 

I note that to date I have not received a reply from your organisation or your client nor have I received a copy of the agreement which I requested. In view of the circumstances I do not feel it unreasonable to ask for this document to be disclosed, it is not commercially sensitive nor is it a restricted document and should be easily accessible for an organisation such as your clients. Therefore I would ask that your client provide me with a copy of the contract which bears my signature; I require the complete document with all its parts.

 

The reasons why I require this information are clearly set out within my original letters, but for clarity I require this document for the following reason: -

 

1. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed

 

Since this matter is likely to be subject to proceedings and given that your organisation is likely to be a defendant in any action which would be brought by me, I must draw your attention to Civil Procedure Rules part 31.16(3) © & (D) which gives the court the power to order you to disclose this document to me.

 

 

The disclosure of these documents will allow me to consider any claim I may have against your client and will allow for the matter to be dealt with, possibly without the need for costly litigation. Therefore I again ask that your client provide me with the documents which I have previously requested. I do not consider this request unreasonable and therefore if your client fails to comply with my request I will be left no option but to make an application to Bath County Court for an order made under the provisions of CPR 31.16 ordering your client to disclose the documents which I have requested.

 

Additionally I will ask the court to make an order for my costs in bringing this application and reserve the right to disclose all communications in this matter before the court should such an application become necessary.

 

Please note that this account remains in dispute and as a creditor you should be aware that you are not permitted to take any action against this account.

 

The lack of a credit agreement is a very clear dispute and as such the following applies:

 

· You may not demand any payment on the account, nor am I obliged to offer any payment to you

· You may not add further interest or any charges to the account

· You may not register any information in respect of the account with any credit reference agency

· You may not issue a default notice related to the account

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

Please confirm by no later than xxxxxx 2009 that your client will comply with my request or if they will not comply, please provide their reasons in writing.

[blueknight61]

Hi,

 

Anyone got any thoughts on the above letter?

 

Thanks

 

Blue x

[IdaInFife]

tis fine

 

ida x

[blueknight61]

Thanks Ida, you're a star

 

Blue x